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M-9/12/1989 302 CITY OF SANTA MONICA CITY COUNCIL MINUTES SEPTEMBER 12, 1989 A regular meeting of the Santa Monica City Council was called to order by Mayor Zane at 7:34 p.m., on Tuesday September 12, 1989, in the Council Chambers. Roll Call: Present: Mayor Dennis Zane Counci1member Judy Abdo (arrived at 7:40 p.m.) Councilmember Ken Genser Councilmember William H. Jennings Counci1member Herbert Katz (arrived at 8:55 p.m.) Councilmember Christine E. Reed Absent: Mayor Pro Tempore David B. Finkel Also Present: City Manager John Jalili City Attorney Robert M. Myers city Clerk Clarice E. Johnsen CLOSED SESSION: Not held. Councilmember Jennings led the assemblage in the Pledge of Allegiance to the Flag of the United States of America. 4-A: RECOGNITION OF PAST SERVICE/BOARD AND COMMISSION MEMBERS: Mayor Zane presented plaques to the following Board and commission Members in recognition of their past service to the City: Suzanne Shellaby, Landmarks Commission; Laverne Ross Commission on the Status of Women; Barbara Coffman, Building and Safety Commission; and Joyce Budzeleski, Housing Commission. The following former board and commission members were unable to attend the meeting to receive their plaques: Frederick Harris, Recreation and Parks Commission; Robert Brackett, Electrical Board of Appeals; Miriam Conner, Housing commission; Phyllis Gould-Nitti, Commission on the Status of Women; Nancy Greenstein, Convention and Visitors Bureau; and Eileen Hecht, Planning Commission. At 7:40 p.m., Mayor/Chairperson Zane convened a special joint meeting of the Santa Monica City Council, Redevelopment Agency, Housing Authority, and Parking Authority. Redevelopment Agency Roll Call: Present: Chairperson Dennis Zane Agency Member Judy Abdo Agency Member Ken Genser 1 september 12, 1989 3U3 Agency Member William H. Jennings Agency Member Christine E. Reed Absent: Chairperson Pro Tempore David B. Finkel Agency Member Herbert Katz Also Present: Executive Director John Jalili Agency Attorney Robert M. Myers Agency Secretary Clarice E. Johnsen Housing Authority Roll Call: Present: Chairperson Dennis Zane Commissioner Judy Abdo Commissioner Ken Genser Commissioner William H. Jennings Commissioner Christine E. Reed Absent: Vice chairperson David B. Finkel commissioner Herbert Katz Also Present: Executive Secretary John Jalili Authority Attorney Robert M. Myers Authority Clerk Clarice E. Johnsen Parking Authority Roll Call: Present: Chairperson Dennis Zane Authority Member Judy Abdo Authority Member Ken Genser Authority Member William H. Jennings Authority Member Christine E. Reed Absent: Chairperson Pro Tempore David B. Finkel Authority Member Herbert Katz Also Present: Executive Secretary John Jalili Authority Attorney Robert M. Myers Authority Clerk Clarice E. Johnsen RA-l: REDEVELOPMENT AGENCY MINUTES: Presented for approval were the Redevelopment Agency minutes of August 22, 1989. Agency Member Genser moved to approve the minutes as presented. Second by Agency Member Reed. The motion was unanimously approved, Agency Members Finkel and Katz absent. HA-l: HOUSING AUTHORITY MINUTES: Presented for approval were the Housing Authority minutes of June 27, 1989. Commissioner Genser moved to approve the minutes as presented. Second by Commissioner Abdo. The motion was unanimously approved, commissioners Finkel and Katz absent. CC/RA/HA/PA-2: YEAR END BUDGET ADJUSTMENTS FY 1988-89/YEAR END PERFORMANCE REVIEW AND CAPITAL IMPROVEMENT PROGRAM REPORT/BUDGET ADJUSTMENTS FY 1989-90: Presented was a staff report transmitting a request to approve year-end budget 2 september 12, 1989 JU4 adjustments for Fiscal Year 1988-89; transmitting the year-end Performance Review and Capital Improvement Program status report as of June 30, 1989: requesting selected budget adjustments for Fiscal Year 1989-90 and approval of one position reclassification and one position transfer: requesting approval of resolutions for Redevelopment Agency and city Council acknowledging the benefit of the Fifth street freeway off-ramp and authorizing payment of final construction cost billings. Council asked questions of staff. Councilmember Reed moved on behalf of the City Council, to approve the year-end budget adjustments for Fiscal Year 1988-89: to approve the transmittal of the year-end Performance Review and Capital Improvement Status Report as of June 30, 1989; and the approval of one reclassification and one position transfer. Second by Councilmember Genser. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Jennings, Reed, Mayor Zane Genser, Absent: Councilmembers Finkel, Katz Agency Member Abdo moved on behalf of the Redevelopment Agency to approve the year-end budget adjustments for Fiscal Year 1988-89; and to approve the transmittal of the year-end Performance Review and Capital Improvement status Report as of June 30, 1989. Second by Agency Member Genser. The motion was approved by the following vote: Redevelopment Agency vote: Affirmative: Agency Members Abdo, Genser, Jennings, Reed, Chairperson Zane Absent: Agency Members Finkel, Katz commissioner Genser moved on behalf of the Housing Authority to approve the year-end budget adjustments for Fiscal Year 1988-89: and to approve the transmittal of the year-end Performance Review and Capital Improvement status Report as of June 30, 1989. Second by commissioner Reed. The motion was approved by the following vote: Housing Authority vote: Affirmative: Commissioners Abdo, Genser, Jennings, Reed, Chairperson Zane Absent: commissioners Finkel, Katz Authority Member Jennings moved on behalf of the Parking Authority to approve the year-end budget adjustments for Fiscal Year 1988-89: and to approve the transmi tal of the year-end Performance Review and Capital Improvement status Report as of June 30, 1989. second by Authority Member Abdo. The motion was approved by the following vote: 3 September 12, 1989 305 Parking Authority vote: Affirmative: Authority Members Abdo, Genser, Jennings, Reed, Chairperson Zane Absent: Authority Members Finkel, Katz Councilmember Abdo moved on behalf of the City Council to adopt Resol ution No. 7892 (CCS ) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DETERMINING CERTAIN PUBLIC IMPROVEMENTS TO BE OF BENEFIT TO THE DOWNTOWN REDEVELOPMENT PROJECT AREA AND DETERMINING THAT NO OTHER REASONABLE MEANS OF FINANCING SAID PUBLIC IMROVEMENTS IS AVAILABLE TO THE CITY OF SANTA MONICA AND CONSENTING TO THE PAYMENT BY THE SANTA MONICA REDEVELOPMENT AGENCY OF THE COST OF CONSTRUCTION OF SUCH PUBLIC IMPROVEMENTS," reading by title only and waiving further reading thereof, therefore acknowledging the benefit of the Fifth street freeway off-ramps and authorizing payment of final construction cost billings. Second by Councilmember Reed. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Jennings, Reed, Mayor Zane Genser, Absent: councilmembers Finkel, Katz Member of the public Joy Fullmer addressed council regarding calculation errors in the Year-End Budget Review document, and stressed the need for a pedestrian traffic signal at the intersection of the Fifth Street Off-ramp and Lincoln Boulevard. Agency Member Reed moved on behalf of the Redevelopment Agency to adopt Resolution No. 429 (RAS) entitled: "A RESOLUTION OF THE REDEVELOPMENT AGENCY DETERMINING CERTAIN PUBLIC IMPROVEMENTS TO BE OF BENEFIT TO THE DOWNTOWN REDEVELOPMENT PROJECT AREA AND DETERMINING THAT NO OTHER REASONABLE MEANS OF FINANCING SAID PUBLIC IMPROVEMENTS IS AVAILABLE TO THE CITY OF SANTA MONICA AND AUTHORIZING THE COST OF CONSTRUCTION OF SUCH PUBLIC IMPROVEMENTS," reading by title only and waiving further reading thereof, thereby acknowledging the benefit of the Fifth Stree.t freeway off-ramps and authorizing payment of final cost billings. Second by Agency Member Abdo. The motion was approved by the following vote: Redevelopment Agency vote: Affirmative: Agency Members Abdo, Genser, Jennings, Reed, Chairperson Zane Absent: Agency Members Finkel, Katz C:C/PA-3: LEASE STRUCTURE 2: recommendation negotiate and 1828(CCS) with MODIFICATION WITH 100 WILSHIRE ASSOCIATES/PARKING Presented was a staff report transmitting a to authorize city Manager/Executive Secretary to execute a lease modification to Contract No. 100 Wilshire Associates to provide 60 additional 4 September 12, 1989 306 parking spaces in Parking structure 2, through restriping existing spaces. City Council/Parking Authority Members asked questions of staff. Councilmember Reed moved on behalf of the city Council to approve the staff recommendation and authorize the city Manager to execute a lease modification to Contract No. 1828 (CCS) to provide 60 additional parking spaces. Second by Councilmember Abdo. the motion was approved by the following vote: council vote: Affirmative: Councilmembers Abdo, Jennings, Reed, Mayor Zane Genser, Absent: Councilmembers Finkel, Katz Authority Member Abdo moved on behalf of the parking Authority to approve the staff recommendation and authorize the Executive Secretary to negotiate and execute the lease amendment with 100 Wilshire Associates to provide additional parking spaces. Second by Authority Member Reed. The motion was approved by the following vote: Parking Authority vote: Affirmative: Authority Members Abdo, Genser, Jennings, Reed, chairperson Zane Absent: Authority Members Finkel, Katz At 8: 00 the joint meeting of the City Council, Redevelopment Agency, Housing Authority, and Parking Authority was adjourned, and the regular city Council meeting was reconvened. 5-A: PERSONAL ACTION GUIDE FOR THE EARTH/UNITED NATIONS ENVIRONMENT PROGRAMME: The request of Mayor Zane to discuss distribution of "Personal Action Guide for the Earth" pamphlet from the united Nations Environment Programme, continued from September 5, 1989, was withdrawn at the request of Mayor Zane. 6. CONSENT CALENDAR: Presented was the Consent Calendar, whereby all items are considered and approved in one motion unless removed from the calendar for discussion. Councilmember Reed moved to approve the Consent Calendar with the exception of Item 6-H, reading resolutions and ordinances by title only and waiving further reading thereof. Second by Councilmember Genser. The motion was approved by the following vote: council vote: Affirmative: Counci1members Abdo, Jennings, Reed, Mayor Zane Genser, Absent: Councilmembers Finkel, Katz 6-A: MINUTES APPROVAL: The City Council minutes of August 22 and August 23, 1989, were approved as presented. 5 September 12, 1989 307 6-B: SHELL CALIFORNIA PIPELINE COMPANY/FRANCHISE: Ordinance No. 1492 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA GRANTING A FRANCHISE TO SHELL CALIFORNIA PIPELINE COMPANY TO OPERATE, MAINTAIN, INSPECT, REPAIR, REMOVE, REPLACE AND ABANDON A PIPELINE AND APPURTENANT FACILITIES IN CERTAIN PUBLIC STREETS OF THE CITY OF SANTA MONICA," was adopted. 6-C: DAMAGED SIDEWALKS/DRIVEWAYS/CURBS: Resolution No. 7893 (eCs) entitled: itA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A HEARING DATE FOR ANY PROTESTS OR OBJECTIONS TO THE REPORT OF THE SUPERINTENDENT OF STREETS REGARDING REPAIR OF SIDEWALKS, DRIVEWAYS AND CURBS (SR-89-148/149) ," thereby setting a public hearing for october 10, 1989, on the assessment of costs to repair damaged sidewalks, driveways, and curbs on various streets, was adopted. 6-D: SB B21/BICYCLE-PEDESTRIAN FUNDS/BIKE ROUTE SIGNAGE: Resolution No. 7894(CCS) entitled: irA RESOLUTION OF THE CITY OF SANTA MONICA APPROVING THE APPLICATION FOR BICYCLE AND/OR PEDESTRIAN FUNDS UNDER SB 821 AND APPROVING THE ADOPTION OF ITS BICYCLE AND/OR PEDESTRIAN PLAN," thereby approving the application for bicycle and/or pedestrian funds under SB 821 in the amount of $27,175 to install bike route signage on 14th street between pico Boulevard and California Avenue, and additional signage in the City, was adopted. 6-E: PHYSICALLY HANDICAPPED PARKING ZONE!907 20TH STREET: Resolution No. 7895 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING A PARKING ZONE FOR THE PHYSICALLY HANDICAPPED ADJACENT TO 907 20TH STREET," was adopted. 6-F: PHYSICALLY HANDICAPPED PARKING ZONE/908 Resolution No. 7896 (CCS) entitled: "A RESOLUTION COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING A FOR THE PHYSICALLY HANDICAPPED ADJACENT TO 908 4TH adopted. 4TH STREET: OF THE CITY PARKING ZONE STREET," was 6-G: FINAL PARCEL MAP 17253/CONDOMINIUM/421 CALIFORNIA AVENUE: Resolution No. 7897 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVIS ION MAP FOR PARCEL NO. 17253," thereby approving Final Parcel Map 17253 for a 3-unit condominium proj ect at 421 California Avenue, was adopted. 6-1: PIONEER BOULANGERIE LEASE AGREEMENT: A recommendation to authorize the City Manager to renegotiate and execute a lease agreement with pioneer Boulangerie was continued to the City Council meeting of September 19, 1989. 6-J: DIRECTIONAL SIGNS/PARKING AND TRAFFIC DIVISION: Bid No. 2240 was awarded to Maneri Sign Company as the lowest and best bidder, to furnish and deliver directional signs, at specified 6 September 12, 1989 308 unit prices, for the Parking and Traffic Division of the General Services Department. 6-K: COTTON RAGS/VARIOUS DEPARTMENTS: Bid No. 2241 was awarded to A & A Wiping Cloth, Inc., as the lowest and best bidder, to furnish and deliver cotton rags, at specified unit prices, for various departments 6-L: BRAKE SERVICE AND SUPPLIES/FLEET MANAGEMENT DIVISION: Bid No. 2242 was awarded to Delmer's precision Brake Shop, as the lowest and best bidder, to provide brake service and supplies for passenger cars and light or heavy trucks, at specified manufacturer discounts and hourly labor rate, for the Fleet Management Division of the General Services Department. 6-M: FINAL TRACT MAP 46432/CONDOMINIUM/908 18TH STREET: Resolution No. 7898 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 46432," thereby rescinding Resolution No. 7869{CCS) and approving Final Tract Map 46432 for a six-unit condominium project at 908 18th street, was adopted. 6-N: SEWER DRAIN IMPROVEMENTS/STORM DRAIN IMPROVEMENTS/ RECORDATION OF UTILITY EASEMENTS: A recommendation to award Contract No. 5433(CCS) to Colich & Sons in the amount of $421,632.00, for sewer main improvements on Fourth Street and pico Boulevard and Mount Olivette Reservoir storm drain improvements, authorize necessary change orders and adopt Resolution No. 7899 (CCS) entitled: itA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING ACCEPTANCE, RECORDATION, AND PURCHASE OF TWO EASEMENTS FOR UTILITY PURPOSES LOCATED NEAR MOUNT OLIVETTE RESERVIOR," authorizing acceptance and recordation of two utility easements located adjacent to Mount Olivette Reservoir, was approved. 6-0: COMMERCIAL STREETLIGHT ASSESSMENT DISTRICT: A recommendation to approve the formation of commercial streetlight assessment districts on 7th Street, Colorado Avenue to Olympic Boulevard; and Lincoln Boulevard, Colorado Avenue to Santa Monica Boulevard; and adopt Resolution No. 7900{CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A HEARING FOR THE PURPOSE OF DETERMINING WHETHER OR NOT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION OF STREET LIGHTING AND DECLARING ITS INTENTION TO CONSTRUCT STREET LIGHTING AND APPURTENANT WORK ON VARIOUS CITY STREETS AS SHOWN ON CITY DRAWING NO. 5384, WITHIN THE CITY OF SANTA MONICA," and setting a public hearing for October la, 1989, was approved. 6-P: WILSHIRE BOULEVARD LANDSCAPING CONTRACT: Contract No. 5434 (CCS) was awarded to Valley Crest Landscape, Inc., in the amount of $716,854, as the lowest and best bidder, to landscape Wilshire Boulevard between Ocean Avenue and Centinela Avenue. The City Engineer was authorized to issue any change orders necessary to complete additional work to the extent of funds 7 September l2, 1989 309 available in accordance with the Administrative Instruction on Change Orders. 6-Q: OZONE PILOT PLANT PROJECT/AGREEMENT WITH UCLA FOR LABORATORY ANALYSES: A request to accept and appropriate grant funds for the Ozone Pilot Plant Project in the amount of $100,000 and authorize the City Manager to negotiate and execute an agreement with UCLA for laboratory analyses was continued to the city Council meeting of September 19, 1989. 6-R: PICO-KENTER STORM DRAIN EXTENSION: A resolution authorizing the city Manager to grant and record an easement for the Pico-Kenter storm Drain Extension was continued to the City Council meeting of September 19, 1989. 6-S: SALARIES/CLASSIFICATION SPECIFICATIONS: Resolution No. 7901 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING SALARY RATES FOR THE CLASSIFICATIONS OF ENVIRONMENTAL PROGRAMS ADMINISTRATOR, ENVIRONMENTAL COORDINATOR, ENVIRONMENTAL INSPECTOR, LEAD ENVIRONMENTAL INSPECTOR, HARZADOUS MATERIALS TECHNICIAN, LEAD HAZARDOUS MATERIALS TECHNICIAN, ASSISTANT DIRECTOR OF CULTURAL AND RECREATION SERVICES, AND EMPLOYEE BENEFITS TECHNICIAN," was adopted. END OF CONSENT CALENDAR 6-H: FAA GRANT/SECURITY FENCING, ACCESS GATES, SOUND WALLS/SANTA MONICA AIRPORT: Presented was a staff report transmitting a recommendation to authorize the City Manager to submit an application and execute a grant agreement with the Federal Aviation Administration for a grant in the amount of $300,000 to construct and install security fencing, access gates and soundwalls at the Airport and make necessary budget adjustments and appropriations. council asked questions of staff. Councilmember Genser moved to approve the staff recommendation, thereby approving the necessary budget adjustments and authorizing the city Manager to apply for and execute Contract No. 5432(CCS), a grant agreement with the Federal Aviation Administration in the amount of $300,000. Second by Counci1member Reed. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Jennings, Reed, Mayor Zane Genser, Absent: Councilmembers Finkel, Katz 7-A: SIDEWALKS/DRIVEWAYS/CURBS: Presented was a staff report and public hearing on the assessment of costs to repair damaged sidewalks, driveways and curbs. At 8:06 p.m., Mayor Zane declared the public hearing opened. There being no one wishing to speak, Mayor Zane declared the pUblic hearing closed. councilmember Genser moved to acknowledge the protest received, 8 september 12, 1989 310 and adopt Resolution No. 7902 (CCS) entitled: itA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CONFIRMING THE REPORT OF THE SUPERINTENDENT OF STREETS REGARDING REPAIRS TO DAMAGED SIDEWALKS, DRIVEWAYS AND CURBS (SR-89-l46/l47)," reading by title only and waiving further reading thereof. Second by councilmember Reed. The motion was approved by the following vote: council vote: Affirmative: Councilmembers Abdo, Jennings, Reed, Mayor Zane Genser, Absent: Councilmembers Finkel, Katz 7-B: STREETLIGHT ASSESSMENT PUBLIC HEARING: Presented was a staff report and a public hearing for streetlighting on 24th Street, Pico Boulevard to Pearl Street; Franklin, Northerly city linmits to city reservoirs; Ashland, 4th Street to 6th Street; 15th street, Broadway to Colorado Avenue; Harvard street, Montana Avenue to Wilshire Boulevard; Delaware Avenue from Stewart street to Warwick Avenue; Pine street from Lincoln Boulevard to 7th street; and lOth street, at Ashland Avenue. At 8:10 p.m., Mayor Zane declared the public hearing opened. Bernard Korn addressed Council in opposition to the street lighting assessment on his property. There being no one else wiShing to speak, at 8: l7 p.m., Mayor Zane declared the public hearing closed. Councilmember Reed moved to acknowledge Mr. Korn I s protest and adopt Resolution No. 7903 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA FINDING THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION OF STREET LIGHTING AND ORDERING WORK ON 24TH STREET FROM PICO BOULEVARD TO PEARL STREET, FRANKLIN FROM NORTHERLY CITY LIMITS TO CITY RESERVOIRS, ASHLAND AVENUE FROM 4TH STREET TO 6TH STREET, 15TH STREET FROM BROADWAY TO COLORADO AVENUE, HARVARD STREET FROM MONTANA AVENUE TO WILSHIRE BOULEVARD, DELAWARE AVENUE FROM STEWART STREET TO WARWICK AVENUE I PINE STREET FROM LINCOLN BOULEVARD TO 7TH STREET, AND 10TH STREET AT ASHLAND AVENUE AS SET FORTH IN RESOLUTION OF INTENTION NUMBER 7872(CITY COUNCIL SERIES)," reading by title only and waiving further reading thereof. Second by Councilmember Abdo. The motion was approved by the following vote: Council vote: Affirmative: Concilmembers Abdo, Jennings, Reed, Mayor Zane Genser, Absent: Councilmembers Finkel, Katz 8-A: RESIDENTIAL PLUMBING FIXTURE REBATE PROGRAM: Presented was a staff report transmitting an ordinance for adoption and second reading adding section 7200A to the santa Monica Municipal Code establishing a residential plumbing fixture rebate program, introduced August 22, 1989. Councilmember Abdo moved to approve the staff recommendation, thereby adopting Ordinance No. 1493 (CCS) entitled: IIAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 7200A TO THE SANTA MONICA 9 September 12, 1989 311 MUNICIPAL CODE TO ESTABLISH A RESIDENTIAL PLUMBING FIXTURE REBATE PROGRAM, II reading by title only and waiving further reading thereof. Second by Councilmember Genser. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Jennings, Reed, Mayor Zane Genser, Absent: Counci1members Finkel, Katz 8-B: OCEAN PARK REZONING PLAN: An ordinance for introduction and first reading amending Article IX, Chapter 1, of the Santa Monica Municipal Code regarding the Ocean Park Rezoning Plan, as recommended by the Planning commission, was continued to the city Council meeting of September 19, 1989. 8-C: VENDING ORDINANCE: An ordinance for introduction and first reading adding Chapter 2C to Article VI of the santa Monica Municipal Code, amending Section 3376 of the Santa Monica Municipal Code, and repealing Sections 3336, 3381, 4300, 5121, 6233A, 6233B, 6233C,and 62330, of the Santa Monica Municipal Code relating to vending, was continued to the city council meeting of September 19, 1989. 8-D: INDUSTRIAL WASTEWATER CONTROL PROGRAM: An ordinance for introduction and first reading regarding modification to industrial wastewater control program, was continued to the City council meeting of September 19, 1989. 9-A: EXECUTIVE PAY PLAN: A resolution for adoption revising the Executive Pay Plan. (To be considered following Closed Session), continued from September 5, 1989, was continued to the city Council meeting of September 19, 1989. 9-B: ADMINISTRATIVE TEAM ASSOCIATES: A resolution recognizing the Administrative Team Associates (A. T .A.) as the bargaining unit representing certain City job classifications formerly represented by the Municipal Employees Association (M.E.A.), was continued to the City Council meeting of September 19, 1989. 10-A: RECREATION AND PARKS COMMISSION/REMOTE CONTROL MODEL AIRCRAFT REGULATIONS: Presented was a staff report transmitting the recommendation of the Recreation and Parks Commission to direct the preparation of an ordinance regulating remote control model aircraft. Council asked questions of staff. Councilmember Genser moved to hear from members of the pUblic wishing to speak on this matter. Second by Councilmember Reed. The motion was unanimously approved, Mayor Pro Tempore Finkel and Councilmember Katz absent. Members of the public Kelly Sutton, Andrew Sutton, and Michael Forester, spoke in opposition to an ordinance that would restrict the operation of model aircraft in city parks without providing another location where they may be operated. Counci1member Genser moved to hear from a member of the public who submitted a request to speak on this item, after the item had 10 September 12, 1989 312 been called. Second by Councilmember Reed. The motion was unanimously approved, Mayor Pro Tempore Finkel and Councilmember Jennings absent. Member of the public Violet vincent spoke in support of banning the operation of model aircraft in stewart Park. Mayor Zane moved to direct staff to prepare an ordinance providing that: "No person shall land, take off or release any balloon (except childrens I toy balloons not inflated with any flammable material), helicopter, parakite, hang glider, aircraft or powered models thereof, except in designated areas. It Second by Councilmember Reed. Councilmember Jennings moved to amend the motion to include direction to staff to work with hobbyist groups to determine if there are appropriate areas in the city for the safe use of powered models. Second by councilmember Genser. The amendment was accepted as friendly by the maker and second of the main motion. During discussion, the motion was further amended to provide an exemption for toy balloons that can be played with by adults as well as children. The motion, as amended, was unanimously approved, Councilmembers Finkel and Katz absent. ll-A: INDUSTRIAL WASTEWATER CONTROL PROGRAM: Presented was a staff report transmitting a recommendation to approve an expanded Industrial Wastewater Control Program, make budgetary amendments and adopt a resolution establishing industrial wastewater control fees, continued from September 5, 1989. council asked questions of staff. At 8:55 p.m., Counci1member Katz entered the Council Chambers and took his place at the dais. Member of the public Thomas Bell spoke in opposition to the proposed fees for the expanded Industrial Wastewater Control Program. Member of the public Joy Fullmer expressed her concerns regarding the operation of the proposed program. Counci1member Reed moved to approve the staff recommendation, thereby approving the expanded Industrial Wastewater Control program as described in the staff report dated September 5, 1989, and amended by the staff report dated September 12, 1989; increase the budgeted industrial wastewater fee revenues for Fiscal Year 1989-90 by $136,332.00 as stated in the amended staff report; add one Invironmenta1 Inspector position and one staff Assistant III position to the Wastewater/Environmental Programs Division and appropriate $142,692 from the Wastewater Fund to the line items described in the staff report; and adopt Resolution No. 7904(CCS) entitled: It A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ESTABLISHING FEES FOR INDUSTRIAL WASTEWATER CONTROL PROGRAM FEES," reading by title only and waiving further reading thereof. Second by Councilmember Abdo. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers ADdo, Genser, Jennings, Katz, Reed, Mayor Zane Absent: Councilmember Finkel 11-B: VEHICULAR TRAFFIC/THIRD STREET PROMENADE: Presented was a staff report transmitting a recommendation to adopt a resolution establishing hours to open and close the Third Street Promenade 11 September 12, 1989 313 roadway to vehicular traffic. Council asked questions of staff. Members of the public Richard Cohn, Bill Tucker, Lynn smith, Neal Rocklin, and Gwen Pentecost, spoke in support of allowing automobile traffic along the Third Street Promenade as long as possible each day. Member of the public Luis de Castro stressed his concerns regarding pedestrian safety, and proposed the use of bicycles, or an electric tram, as alternatives to automobile traffic. Tom Carroll, Executive Director of the Bayside District Corporation, requested special holiday hours for automobile traffic on the Third Street Promenade to assist merchants during the holiday season who have suffered due to construction for the past year. Mildred Rosenstein, and Paul Rosenstein spoke in support of limited vehicular traffic on the Third street Promenade. Boris Dramov and Tom Sargent of Roma Design, spoke in support of limiting vehicular traffic on the Third Street Promenade at specific times and on certain days of the week. Discussion was held. Councilmember Katz moved to adopt Resolution No. 7905 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING THE HOURS WHEN THE THIRD STREET PROMENADE WILL BE OPEN TO VEHICULAR TRAFFIC," reading by title only and waiving further reading thereof, thereby establishing that the Third Street Promenade will be closed to automobile traffic from 10:00 a.m., to 4:00 p.m., Monday, Tuesday, and Thursday, and from 10:00 a.m., to 8:00 p.m., on Wednesday, Friday, Saturday, and Sunday. Second by Councilmember Reed. Councilmember Reed moved to amend the motion so that the hours that the Promenade would be closed to automobile traffic would be 10:00 a.m., to 5:00 p.m., Monday, Tuesday, and Thursday, and 10:00 a.m., to 8:00 p.m., Wednesday, Friday, Saturday, and Sunday. Second by Councillftelllber Abdo. Discussion was held. The motion to amend the main motion failed by the following vote: Council vote: Affirmative: Councilmembers Abdo, Genser, Reed Negative: Councilmemhers Jennings, Katz, Mayor Zane Absent: Mayor Pro Tempore Finkel Councilmember Jennings moved to close the Third street Promenade to automobile traffic from 11:00 a.m., to 3:00 p.m., on Monday, Tuesday, and Thursday, and from 10: 00 a. m., to 8: 00 p. m., on Wednesday, Friday, Saturday, and Sunday. The motion died for lack of a second. FOllowing council discussion, Councilmember Katz modified his original motion so that the hours that the Third street Promenade would be closed to automobile traffic would be from 10:00 a.m., to 4:30 p.m., Monday, Tuesday, and ThurSday, and from 10:00 a.m., to 8: 00 p.m. , Wednesday, Friday, Saturday, and Sunday. Councilmember Reed withdrew her second. The modified motion was seconded by Mayor Zane. 12 September 12, 1989 314 counclmember Reed moved to amend the motion so that the hours that the Promenade would be closed to automobile traffic would be from 10:00 a.m., to 4:30 p.m., every day except Wednesday, when the Promenade would be closed to automobile traffic from 10: 00 a.m., to 8:00 p.m., and that staff be directed to return with a report evaluating the need to extend the weekend hours when the Promenade would be closed to traffic, as soon as staff is prepared to issue a Certificate of Occupancy for the second group of theaters to open on the Promenade. The amendment was accepted as friendly by the maker and second of the motion. Discussion was held. The motion, as amended by Councilmember Reed, was approved by the following vote: council vote: Affirmative: Councilmembers Abdo, Genser, Katz, Mayor Zane Negative: Councilmentber Jennings Absent: Mayor Pro Tempore Finkel Mayor Zane moved that the Third street Promenade shall be closed to automobile traffic, during the period from Thanksgiving through New Year's Day, during the hours of 11:00 a.m., to 3:00 p. m., everyday, except for Wednesday which would be from 10: 00 a.m., to 8:00 p.m. Second by Councilmember Katz. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Jennings, Katz, Mayor Zane Genser, Negative: Councilmember Reed Absent: Mayor Pro Tempore Finkel Mayor Zane moved to allow bicycle traffic on the Third street Promenade roadway (not on the sidewalk) at all hours. Discussion was held. The motion failed due to the lack of a second. At 10:40 p.m., Council adjourned for a short recess. At 10:55 p.m., Council reconvened. Councilmember Katz moved to modify the order of the agenda and hear Item l2-A, then Item l4-B. Second by Councilmember Reed. The motion was approved, Mayor Zane opposedJ Mayor Pro Tempore Finkel, and Councilmerober Genser absent. Councilmentber Abdo moved to hear Item 12-B after Item 14-B. Second by Councilmember Reed. The motion was approved, Councilmember Jennings opposed, Mayor Pro Tempore Finkel, and Councilmember Genser Absent. Councilmember Reed moved to Second by Councilmember Abdo. extend the meeting to 1: 00 The motion was approved. a.m. 13 September 12, 1989 j.l~ ll-C: CLOSED SESSION: The request for Closed Session for the purpose of considering personnel matters and threatened litigation, pending litigation and litigation to be commenced by the city was continued to the City Council meeting of September 19,1989. 12-A: APPEAL OF PLANNING COMMISSION/CLARE FOUNDATION RESIDENTIAL CARE FACILITY/laGS 9TH STREET: Presented was an appeal of Planning Commission approval of CUP 89-005 and VAR 89-003 for a new two-story, 20 Bed Residential Care Facility and the conversion of an existing two-story duplex to kitchen and dining facilities for the dormitory and offices for the CLARE Foundation at 1865 9th street. Applicant: CLARE Foundation. Appellant: John Chung. Mayor Zane moved to continue Item 12-B to the City Council meeting of September 19, 1989. Second by CouncilmeEber Jennings. The motion failed. Appellant, John Chung spoke in support of the appeal and in opposition to the Planning Commission's approval of the expanded CLARE Foundation facility. Kip McClure spoke on behalf of the applicant, CLARE Foundation, in support of the project. Members of the public Michael Stockdale, Roy Hartry, Art Francis, Pat Francis, Becky Simmons, Joseph Ruiz, Ken Schonlau, Carol Mithers, and Paul Rosenstein spoke in opposition to the appeal, and in support of the expansion of the CLARE facility. Member of the public Larry Toy spoke in support of the appeal. Appellant, John Chung spoke in rebuttal to comments made by members of the public. Council asked questions of staff. Councilmember Reed moved to deny the appeal and uphold the decision of the Planning commission to approve Conditional Use Permit 89-005 and Variance 89-003 subject to the findings and condi tions contained tin the Planning Commission statement of Official Action dated June 211 1989. Second by councilmember Katz. Discussion was held. Councilmember Abdo moved to amend the motion to request a progress report at 2-years, and a full review of the Conditional Use permit at 5-years. Second by councilmember Genser. FOllowing clarification by the City Attorney, councilmember Abdo withdrew her motion. The City Attorney proposed the following language to address the concerns expressed by Council regarding the review of the project's Condi tional Use Permit: "The Planning Director shall report to the Planning Commission within two years from the issuance of the Cerificate of Occupancy on compliance with the conditions of the Conditional Use Permit and variance." Councilmember Reed amended her original motion and substituted the language proposed by the city Attorney for Condition No. 32, of the Special Conditions outlined in the staff report dated September 12, 1989. The motion, as amended, was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Genser, Jennings, Katz, Reed, Mayor Zane 14 September 12, 1989 316 Absent: Mayor Pro Tempore Finkel 14-B: APPOINTMENTS TO PLANNING COMMISSION AND COMMISSION ON THE STATUS OF WOMEN: Presented was the matter of the appointment of a member to the Planning Commission, and the appointment of a member to the Commission on the status of Women (continued from August 8, 1989). Mayor Zane opened the floor to nominations for the Planning Commission. Councilmember Katz nominated clyde Smith. Councilmember Reed nominated MaryLou Harbison. councilmember Abdo nominated Paul Rosenstein. Mayor Zane nominated Kathleen Schwally. The vote on the nominations was as follows: Clyde Smith: Councilmember Katz MaryLou Harbison: Councilmember Reed Paul Rosenstein: Councilmembers Abdo, Jennings Kathleen Schwally: Councilmember Genser, Mayor Zane None of the nominees received a maj ori ty of the vote necessary for appointment. Therefore, Mayor Zane re-opened the floor to nominations. Councilmember Abdo nominated Paul Rosenstein. Councilmember Genser nominated Kathleen Schwally. The vote on the nominations was as follows: Paul Rosenstein: Councilmembers Abdo, Jennings, Katz, Reed Kathleen Schwally: Councilmember Ganser, Mayor Zane Mayor Zane moved to appoint Paul Rosenstein to the Planning Commission by acclamation. Second by Councilmember Ganser. The motion was unanimously approved, Mayor Pro Tempore Finkel absent. Paul Rosenstein was thereby appointed to the Planning Commission for a term expiring June 30, 1992. Mayor Zane opened the floor to nominations to the Commission on the status of Women. Councilmember Abdo nominated Rita Lowenthal. Councilmember Reed moved to appoint Rita Lowenthal by acclamation. Second by Councilmember Katz. The motion was unanimously approved, Mayor Pro Tempore Finkel absent. Rita Lowenthal was thereby appointed to the Commission on the status of Women for a term expiring June 30, 1992. 12-8: APPEAL OF PLANNING COMMISSION/OFFICE BUILDING AND CONDOMINIUM/2919-2923 WILSHIRE BOULEVARD: Appeal of Planning Commission approval of Development Review 468, Conditional Use Permits 524 and 528, ZA 5382-Y and 5382A-Y, Tentative Tract Map 46411 and EIA 878 for a 4-story, 47,990 square foot office building and 2-story plus loft, seven unit condominium to be located at 2919-2923 Wilshire Boulevard. Applicant: Jovet, Inc. Appellant: Conrad Melilli for Mid-City Neighbors. council asked questions of staff. Appellant, Conrad Melilli spoke in 15 September 12, 1989 317 opposition to the project, and in support of the appeal. Applicant, Mark Forbes on behalf of Jovet, Inc., spoke in support of the project. Members of the public Bernard Ginsberg, Michael Brourman, Pat Burke, Jack Baptista, Marion Weihe, Terry Sharton, Bill Schroeder, Vivien Elmslie, and Karen Joyce spoke in opposi tion to the proj ect. The appellant spoke in rebuttal to comments made by the applicant. The applicant spoke in rebuttal to coroments made by the appellant and members of the public. Discussion was held. Councilmember Ganser moved to affirm the decision of the Planning commission to approve Development Review 468, Conditional Use Permits 524 and 528 ZA, 5382-Y and 5382A-Y, Tentative Tract Map 46411 and certify EIA 878; to modify Condition 37 of the Development Review Permit to direct the Architectural Review Board to modify the appropriate step-backs on the Wilshire frontage by an additional seven feet, up to ten feet, in order to mitigate the perceived mass of the structure. Second by councilmember Reed. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Genser, Reed, Mayor Zane Absent: Councilmernbers Katz Finkel, Jennings, 13-A: HERMAN ROSENSTEIN/HOMELESS PROBLEM: The request of Herman Rosenstein to address Council regarding the homeless problem was continued to the City council meeting of september 19, 1989. 13-B: CHRISTOPHER HARDING/AVERAGE NATURAL GRADE: The request of Christopher M. Harding to address council regarding Zoning Ordinance definition of term "Average Natural Grade, II was continued to the City Council meeting of september 19, 1989, at the request of Mr. Harding. 14-A: APPOINTMENTS TO BOARDS AND COMMISSIONS: The matter of the appointment of members to Boards and Commissions, continued from August 1, 1989, was continued to the City Council meeting of september 19, 1989. 14-C: SALE OF FIREARMS/15 DAY WATING PERIOD: The request of Mayor Pro Tempore Finkel to discuss direction to city Attorney to prepare an ordinance prohibiting the sale of firearms for the duration of the 15 day waiting period was continued to the City council meeting of September 19, 1989. 14-0: WAGE ADJUSTMENT AND PERFORMANCE PAY/CITY ATTORNEY: The request of Mayor Zane to approve wage adjustment and performance payment for City Attorney pursuant to Section 1 (e) of Contract No. 5276 (CCS), was continued to the City council meeting of September 19, 1989. 14-E: WAGE ADJUSTMENT/CITY MANAGER: The request of Mayor Zane to approve wage adjustment for City Manager pursuant to section 16 september 12, 1989 318 l(C) of Contract No. 5275(CCS), was continued to the city Council meeting of September 19, 1989. 14-F: SALARY AND BENEFITS/CITY CLERK: to adopt resolution amending salary and of city Clerk was continued to the September 19, 1989. The request of Mayor Zane benefits for the position City Council meeting of 15. PUBLIC INPUT: There were no members of the pUblic wishing to address Council. ADJOURNMENT: At 1:05 a.m., the City Council meeting was adjourned to september 19, 1989, in memory of Dale Ride. ATTEST: APPROVED: ~~~~ Clarice E. Johnsen City Clerk D..... ') ~ -. Dennis Zane Mayor 17 September 12, 1989